Why the process starts one step earlier than it would with a will
With a valid will, the named executor applies for probate to confirm their authority. Without a will, there's no named executor — someone eligible under the rules (typically a spouse or next of kin) has to apply to the court to be appointed estate trustee first, a process sometimes called applying for a Certificate of Appointment of Estate Trustee Without a Will.
Until that appointment happens, no one has the clear legal authority to sell the house on the estate's behalf, which is the main reason intestate estates generally take longer to reach a sale than ones with a straightforward will already in place.
Who actually inherits without a will
Ontario's intestacy rules set out a specific order — generally spouse and children first, with more distant relatives inheriting only if closer ones don't exist. The exact division depends on family structure (a spouse and children versus children alone, for example) and follows a formula in the legislation, not personal preference or what the deceased might have wanted informally.
This is genuinely a case where an estates lawyer's involvement matters early — confirming who's actually entitled to apply for the appointment, and how the estate divides, based on the specific family situation rather than assumptions.
Once someone's appointed, selling the house works normally
After the court appoints an estate trustee, that person generally has the same authority to list, negotiate, and sell the house — including an as-is cash sale — as an executor named in a will would have, with the same fiduciary duty to the other beneficiaries. The extra step is entirely upfront, in getting appointed; it doesn't complicate the sale itself once that's settled.